[HISTORY: Adopted by the Board of Trustees of the Village of Phoenix 10-2-2007 by L.L. No. 8-2007. Amendments noted where applicable.]
Fire prevention and building code administration — See Ch. 98.
Property maintenance — See Ch. 99.
Flood damage prevention — See Ch. 102.
Site plan review — See Ch. 153.
Solid waste — See Ch. 161
Streets and sidewalks — See Ch. 165.
Subdivision of land — See Ch. 169.
Zoning — See Ch. 205.
This Chapter 142 shall be known as the "Penalties Law."
It is the purpose and intent of this chapter to amend the Village of Phoenix Code so as to add a new Chapter 142 (entitled "Penalties" as hereinafter set forth).
In addition to the fines, remedies and penalties set forth below, or otherwise in the Code of the Village of Phoenix, or in this Chapter 142 to the contrary or otherwise, the penalty for any infraction of any chapter of this Code which specifies that such an infraction shall be a violation (but which does not specify a penalty) shall be a fine of not less than $25 and not more than $250 or imprisonment of not more than 15 days, or both.
In addition to the fines, remedies and penalties set forth herein, or otherwise in the Code of the Village of Phoenix, or in this Chapter 142 to the contrary or otherwise, for any violation of the following relating to the condition, use, occupancy and/or possession of real property or improvements thereon, under chapters 98, to the extent not otherwise specifically provided therein; 99; 102; 153; 161; 165; 169; and 205 of the Village Code or under the New York State Property Maintenance Code (NYCRR § 1226.1), where 1) the owner, occupant or other person having the possession or control of any such lot or land shall have been previously personally served with a notice to comply with the provisions hereof, or if no such person can be found, by a posting of such notice on the premises and mailing a copy of the notice to the premises or the owner thereof as shown on the current tax roll for Village taxes; and 2) such owner, occupant or other person having the possession or control of any such lot or land shall have failed, neglected, or refused to comply with the provisions hereof within five days after the notice was sent or served; and 3) the Village shall have expended moneys to cure such violation(s) where a danger to the public health and safety existed as a result of such violation; the Village may assess the cost of curing such violation, plus a service charge of 30% thereof to cover the cost of supervision and administration, against the property, to be levied, enforced and collected in the same manner as Village taxes, by the same proceedings, at the same time, with the same penalties and having the same effect as a lien upon the property as general Village taxes.
In addition to the remedies and penalties set forth below, the penalty for any infraction of any chapter which specifies that such an infraction shall be a misdemeanor (but which does not set forth a penalty) shall be a fine of not less than $100 and not more than $1,000 or imprisonment of not more than one year, or both.
Each day an infraction of any provision of this Code shall continue after notice of such infraction from the Village or from an officer or employee of the Village shall be considered a separate offense.
In the event that any chapter of this Code shall not designate the classification for an offense thereof or such offense is not otherwise classified under NYS law as a misdemeanor or felony, such offense shall be a violation.
In addition to the fines and penalties set forth above, the Village shall have all other remedies available at law and in equity, including, without limitation, the right to obtain injunctive relief. In addition, if the Village incurs injury to its property or incurs a loss of revenue as a result of any infraction or violation of any of the provisions of this Code, the Village shall be entitled to recover restitution from the person or entity which committed such infraction. In addition, as a civil penalty, the Village shall be entitled to recover any and all costs it incurs in connection with any action or proceeding related to such infraction or the recovery of restitution, including but not limited to court costs, and attorney and expert fees and disbursements.
The fines for a person who realized a gain from violating the terms of this Code shall be the higher of the amount set forth elsewhere in this Code; or any higher amount not exceeding double the amount of such person's gain from the commission of the offense. As used in this section, the term "gain" means the amount of money or the value of property derived from the commission of the offense less the amount, if any, of money or the value of property returned to the victim, if any, of the crime or seized by or surrendered to lawful authority prior to the time sentence is imposed. If the court imposes a fine based upon the gain of the person convicted of violating the terms of this Code, the court shall make a finding as to the amount of that person's gain from the offense, and if the record does not contain sufficient evidence to support such a finding, the court may conduct a hearing upon such issues.
In the event that any construction upon real property within the Village is contemplated, the Code Enforcement Officer shall not issue a building permit or a certificate of occupancy unless and until the proposed construction complies with the Subdivision of Land Chapter (Chapter 169), the Flood Damage Prevention Chapter (Chapter 102) and the Zoning Chapter (Chapter 205). If any construction shall have been commenced and such construction or the real property upon which it is taking place is in violation of the above-referred chapters or any other provisions of this Code, the Code Enforcement Officer shall issue a stop-work order. In the event that any land is conveyed in violation of the Subdivision of Land Chapter (Chapter 169), no building permit, certificate of occupancy or any other certificate shall be issued in connection with such property unless and until such real property shall be subdivided as required under Chapter 169.
Notwithstanding anything to the contrary provided in this Code, it shall be a misdemeanor for a person to commit any act or omission knowing it to be a violation of this Code.